1989 04 254310
CITY COUNCIL
CITY OF MOSES LAKE
April 25,1989
Members Present:Wayne Rimple,Roger Biallas,Bill Frederickson,Norman Johnson,
Bill Reese,and Charles Edwards
Absent: David Chandler
MINUTES:Mr.Frederickson moved that the minutes of the meeting of April 11 be
approved as submitted,seconded by Mr.Edwards,and passed unanimously.
APPROVAL OF BILLS AND CHECKS ISSUED
Action Taken:Mr.Biallas moved that the bills,checks,and prepaid claims issued
be approved,seconded by Mr.Edwards,and passed with Mr.Rimple abstaining from
voting for that portion of the bills to Faber Industrial.
Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,
and those expense reimbursement claims certified as required by RCW 42.24.090,have
been recorded on a listing which has been made available to the City Council.
The vouchers included on the below list as modified by the Council and noted upon
said list for the Council meeting of April 25,1989 for the funds listed below are
approved in the amount of $241,455.15 for all funds.
GENERAL FUND $9,423.15
STREET 10,387.59
ARTERIAL STREET 41,276.11
EQUIPMENT LEASES 408.21
CONVENTION CENTER 4,368.55
WATER/SEWER FUND 13,957.94
1985 B0NDS/ULID3 27,941.93
WATER/SEWER CONSTRUCTION 84,374.52
W/S LEASES 770.57
SANITATION FUND 13,181.17
ACCIDENT INSURANCE 24,456.80
CENTRAL SERVICES 5,153.59
BUILDING MAINTENANCE 962.00
EQUIPMENT RENTAL 4,793.02
TOTAL $241,455.15
Prepaid claims approved by the City Manager according to the process established by
Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the
City Council have been recorded on a listing which has been made available to the
City Council.The claims listed below are approved in the amount of $13,842.70 for
all funds.
GENERAL FUND $2,895.15
WATER/SEWER FUND 4,000.00
1985 B0NDS/ULID4 7.37
CENTRAL SERVICES 684.36
EQUIPMENT RENTAL 6,255.80
TOTAL $13,842.70
The payroll issued on April 14,1989,having been approved pursuant to the rule of
the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks
61454 through 61585 in the amount of $130,350.75.
The checks 20684 through 20793 issued on March 29,1989 were approved for payment at
the Council meeting held on April 25,1989 in the total amount of $90,494.18.
PRESENTATIONS
Kent Wilmot of the Operations Division of the Municipal Services Department was
presented with a Certificate of Competency as a Water Distribution Manager 3.
The Police Department was presented with an Award of Merit as the Crime Prevention
Unit of the Year.
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CITY COUNCIL MINUTES:2
PROCLAMATION
April 25,1989
May 12 and 13 and May 19 and 20 was proclaimed as the days to sell Buddy Poppies by
the Veterans of Foreign Wars of the United States.
I.CITIZEN INPUT - None
II.CONSENT AGENDA - None
III.CONSIDERATION OF BIDS - None
IV.PETITIONS,COMMUNICATIONS.OR PUBLIC HEARINGS
PENHALLURICK ZONE CHANGE REQUEST -ORDINANCE -SECOND READING -PUBLIC HEARING
Richard Penhallurick has requested a zone change of Tax #5900 and Lots 1,2,3,and
4 of Lakeview Terrace Unit #1 from R-l,Single Family Residential,to R-3,Multi-
family Residential.
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The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read
by title only.
The public hearing was opened.There were no comments.
Mr.Frederickson moved that the public hearing be closed,seconded by Mr.Reese,and
passed unanimously.
Action Taken:Mr.Reese moved that the Findings of Fact from the Planning
Commission be accepted,the summary for publication be approved,and the second
reading of the ordinance be adopted,seconded by Mr.Johnson,and passed
unanimously.
KIMMEL/KBSN ZONE CHANGE - ORDINANCE - SECOND READING - PUBLIC HEARING
Betty Kimmel and KBSN Radio Station have requested a zone change of lots 17 -21,
Block 3,Capistrano Park from R-3,Multi-family Residential,to C-2,General
Commercial and Business.
The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read
by title only.
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The public hearing was opened.There were no comments.
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Mr.Reese moved that the public hearing be closed,seconded by Mr.Johnson,and
passed unanimously.
Action Taken:Mr.Johnson moved that the summary for publication be accepted and
the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed
unanimously.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND C-2 ZONE -2ND READING
An ordinance was presented which amends the C-2,General Commercial and Business,
Zone to allow a dwelling unit for a resident watchman in that zone.
The ordinance amending Chapter 18.32 of the Moses Lake Municipal Code entitled C-2,
General Commercial and Business Zone was read by title only.
Mr.Frederickson would like the ordinance to be amended to require the proposed
dwelling unit to be set back 150'from a major arterial.
Action Taken:Mr.Frederickson moved that the ordinance be amended to state that
the dwelling unit for a resident watchman have a 150'setback from a major arterial,
seconded by Mr.Biallas.
Mr.Rimple stated that he was opposed to the placement of any mobile home anywhere
outside of a mobile home park.
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CITY COUNCIL MINUTES:3 April 25,1939
Staff recommended that the ordinance be brought back for a first reading since the
change is a substantial one.
There was some discussion by the Council.
The motion passed with Mr.Rimple and Mr.Edwards opposed.
RESOLUTION -ACCEPT EASEMENT - WEBKO PARTNERSHIP
A resolution was presented which accepts an easement from WEBKO Partnership for a
sewer line along Clover Drive.
The resolution accepting an easement to the City of Moses Lake from WEBKO
Partnership was read by title only.
Action Taken:Mr.Johnson moved that the resolution be adopted,seconded by Mr.
Reese,and passed unanimously.
VI.REQUESTS TO CALL FOR BIDS
LAGUNA DRIVE AND LID 5B /OS?/
Staff has requested permission to go to bid on the improvements of Laguna Drive from ^ys
the bridge south to the end of the street and the improvements of Seventh Avenue
from Balsam to Chestnut.Direction was also requested on the improvement of the
intersection of Chestnut and Seventh,which was requested by several property
owners.The work could be added to the project or it could be added as a change
order
After some discussion it was the consensus of the Council that the intersection be
included in the bid.
Action Taken:Mr.Johnson moved that the intersection of Chestnut and Seventh be
constructed under a change order and staff be authorized to go to bid on the Laguna
Drive improvements and Seventh Avenue improvements,seconded by Mr.Reese,and
passed unanimously.
VII.REFERRALS FROM COMMISSIONS - None
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
BOAT RACE REQUEST
The Columbia Basin Drag Boat Association and the Fraser Valley Drag Boat Association "3/
have requested permission to hold a drag boat race on May 20-21,1989 at Cascade
Park.If the race is held,the Associations will be responsible for providing dust
control for parking and day use roads;providing liability insurance;providing
litter control;signing a hold harmless agreement;paying the city a flat fee of
$350;and adhering to any special conditions or requirements deemed necessary by
staff.If Council wishes,permission for the race should include the charging of
admission;use of the park as headquarters for the race;closing of the boat launch
the day of the race;selling of food and drink;and compliance with all federal,
state,and local laws that may pertain to any function of the race.
Cecil Lee,Parks and Recreation Director,stated that they have requested the use of
off duty policemen during the two days of the race.
Action Taken:Mr.Reese moved that permission for the race and the requests be
granted,seconded by Mr.Frederickson,and passed unanimously.
IX.COUNCIL QUESTIONS AND COMMENTS - None
X.CITY MANAGER REPORTS AND COMMENTS
SALES TAX
Joseph K.Gavinski,City Manager,distributed a report on the sales tax receipts //S<r-C
from 1979 to 1989.
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CITY COUNCIL MINUTES:4
INVESTMENT REPORT
April 25,1989
Joseph K.Gavinski,City Manager,distributed the investment report for March 1989.
The regular meeting was recessed at 9:30 p.m.and the Council met in an executive
session to discuss labor relations.The executive session was adjourned at 9:45
p.m.and the regular meeting was reconvened.
CAPITAL IMPROVEMENT PLANNING/EQUIPMENT RENTAL
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Joseph K.Gavinski,City Manager,presented the Capital Improvement Planning
schedules for equipment rental.The matter will be discussed further in conjunction
with a comprehensive Capital Improvement Program.
The regular meeting was adjourned at 10:20 p.m.
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL
OF THE CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE ZONE CHANGE
REQUEST OF RICHARD PENHALLURICK
NO. 89 - 2 - ZC
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION
1.1 Date.A public hearing was held upon proper notice before the
Commission on March 16,1989
1.2 Proponent.Richard Penhallurick is the proponent of this rezone.
1.3 Purpose.The proponent has requested a rezone of property legally
described as Tax #5900 and Lots 2,3,and 4,Block 13,Lakeview
Terrace Unit #1 from R-1,Single Family Residential,to R-3,
Multi-family Residential.
1.4 Evidence.The Commission considered the following materials in
reaching its decision.
A.The application of the proponent for the rezone.
B.A letter signed by five adjacent property owners which
objected to the rezone on the grounds a development could
eliminate their view and a private roadway which allows
access from Lark to the rear of the property fronting on
Kiefer.
C.Testimony of John Moberg,826 Kiefer,in opposition to the
proposed rezone for the same reasons set forth in the letter
referred to in 1.4(C).
D.Testimony of Jerry Kieser,owner of the Chapel of Memories,
in opposition to the proposed rezone.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Planning Commission made
the following findings of fact:
2.1 The proponent is the owner of property legally described as Tax
#5900 and Lots 2,3,and 4,Block 13,Lakeview Terrace Unit #1.
2.2 Part of the property is platted and part is unplatted.
2.3 Water mains are not present on Lark or Olive.
2.4 A sewer main is located in the right-of-way of Lark and through
the utility easement lying between Olive and Lark.
2.5 The property is not necessarily fit for single family residential
deyelopment.
2.6 The property sets between a C-2,General Commercial and Business
Zone,and an R-1,Single Family Residential Zone.
2.7 Building height restrictions are the same for the R-1 Zone and the
R-3 Zone.
2.8 The R-3 Zone will be a buffer between the existing R-1 and C-2
Zones.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission made the following
conclusions:
3.1 The Planning Commission of the City of Moses Lake is vested with
the authority to recommend to the City Council the advisability of
the proposed change in zoning.
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3.2 The rezone request of the proponent is properly before the
Commission for its recommendation.
3.3 It is proper at this time for the Planning Commission to make a
recommendation on this rezone request.
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3.4 The Planning Commission declared this rezone,if granted,to have
a non-significant adverse impact on the environment on February
16,1989.Therefore,there should be no undesirable environmental
problems created.
3.5 It is in the best interests and welfare of the city's citizens to
rezone the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,it is
the recommendation of the Planning Commission of the City of Moses Lake
to the City Council of the City of Moses Lake that the request for a
rezone of this property from R-li to R-3 be granted.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public hearing was held upon proper notice before the
City Council on April 25,1989.
5.2 Proponent.Richard Penhallurick is the proponent of this rezone.
5.3 Purpose.The City Council considered the request for a rezone.
5.4 Evidence.The City Council considered the following materials in
reaching its decision:
A.The application of the proponent for the rezone.
B.The history of the property.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presented to the City Council.The City Council
adopts those findings of fact made previously by the Planning Commission
as its own.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
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From the foregoing findings of fact the City Council makes the following
conclusions:
7.1 The City Council of the City of Moses Lake is vested with the
authority to make a decision on a proposed change in zoning.
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7.2 The rezone request of the proponent is properly before the Council
for its decision.
7.3 It is proper at this time for the City Council to make a decision
on this rezone request.
8.DECISION OF THE CITY COUNCIL.
The City Council of the City of Moses Lake agrees with the
recommendation of the Planning Commission and grants the zone change
request.
Dated:May 3,1989
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL
OF THE CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE ZONE CHANGE
REQUEST OF BETTY KIMMEL AND KBSN
RADIO STATION
NO.89 - 3 - ZC
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public hearing was held upon proper notice before the Plan
ning Commission on March 30,1989.
1.2 Proponent.Betty Kimmel and KBSN Radio Station are the proponents
of this rezone.
1.3 Purpose.The proponents have requested a rezone of property legally
described as Lots 17 -21 of Block 3,Capistrano Park from R-3,
Multi-family Residential to C-2,General Commercial and Business.
1.4 Evidence.The Planning Commission considered the following
materials in reaching its decision.
A.The application of the proponents for the rezone.
B.The Environmental Checklist prepared by the proponents.
B.Testimony from the proponents.
C.The absence of written comments from the public.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Planning Commission makes
the following findings of fact:
2.1 The proponent is the owner of property legally described as Lots 17
-21,Block 3,Capistrano Park.
2.2 The property is platted and served with city water and sewer.The
water main is located in Main Street.The sewer main is located in
in the alley between Main and Basin.
2.3 The proponent wishes to use the property as a warehouse.
2.4 There is a buffer of R-3 zone between the C-2 zone and the R-2 zone.
2.5 The radio station existing on Lots 20 and 21 is a commercial use.
2.6 The warehouse existing on Lots 17 -19 is a commercial use.
2.7 Warehouses are permitted uses in a C-2 Zone.
2.8 The adjacent property owners support the zone change.
2.9 The inclusion of Lots 20 and 21 eliminates the spot zoning concerns.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Planning Commission makes the
following conclusions:
3.1 The Planning Commission of the City of Moses Lake is vested with the
authority to recommend to the City Council the advisability of the
proposed change in zoning.
3.2 The rezone request of the proponent is properly before the Planning
Commission for its recommendation.
3.3 It is proper at this time for the Planning Commission to make a
recommendation on this rezone request.
3.4 The Planning Commission declared this rezone,if granted,to have a
non-significant adverse impact on the environment on March 30,1989.
Therefore,there should be no undesirable environmental problems
created.
3.5 It is in the best interests and welfare of the city's citizens to
rezone the property as proposed.
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4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,it is the
recommendation of the Planning Commission of the City of Moses Lake to
the City Council of the City of Moses Lake that the request for a rezone
of this property from R-3 to C-2 be granted.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public hearing was held upon proper notice before the City
Council on April 25,1989.
5.2 Proponent.Betty Kimmel and KBSN Radio Station are the proponents
of this rezone.
5.3 Purpose.The City Council considered the request for a rezone.
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5.4 Evidence.The City Council considered the following materials in
reaching its decision:
A.The application of the proponents for the rezone.
B.The history of the property.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presented;to the City Council.The City Council
adopts those findings of fact made previously by the Planning Commission
as its own.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
From the foregoing findings of fact the City Council makes the following
conclusions:j
7.1 The City Council of the City of Moses Lake is vested with the
authority to make a decision on a proposed change in zoning.
7.2 The rezone request of the proponent is properly before the Council
for its decision.
7.3 It is proper at this time for the City Council to make a decision
on this rezone request.i
8.DECISION OF THE CITY COUNCIL.j
The City Council of the City of Moses Lake agrees with the recommendation
of the Planning Commission and grants the zone change request.
Dated:May 3,1989 j
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